MUKESHBHAI BABULAL ZAVERI Vs. VISHRAMBHAI PREMJIBHAI GAMI

JUDGEMENT

(1.) Admit. Learned advocate Mr. S. P. Majmudar waives service of notice of admission for respondent No.1. Learned advocate Mr. M. J. Parikh waives service of notice of admission for respondent No.3.

(2.) Heard learned advocate Ms. Trusha Patel for the appellant, learned advocate Mr. S. P. Majmudar for the respondent No.1, learned senior counsel Mr. K. G. Vakharia with learned advocate Mr. M. J. Parikh for respondent No.3. Respondent No.2 seems to be father of respondent No.1, has remained absent.

(3.) Appellants are original plaintiffs, whereas respondents are original defendants and they are referred in the same capacity in this judgment also. The plaintiffs have preferred Special Civil Suit No. 151 of 2010 before the Civil Court at Bhuj for specific performance of agreement to sell dated 10.03.2004 executed by defendant No.2 as power of attorney holder of defendant No.1. At the relevant time, defendant No.1 was residing in UK and he has assigned his powers to defendant No.2. Since, defendant Nos. 1 and 2 have failed to execute the sale - deed pursuant to such agreement to sell and entered into a sale transaction with defendant No.3 by registered sale - deed on 28.09.2010, plaintiff has filed a suit for cancellation of such sale - deed and for specific performance of agreement ot sell in his favour. With Special Civil Suit, plaintiff has also filed an application at Exhibit 5 for interim order so as to protect his possession and to restrain the defendant from further alienation of the suit property in any manner; whereas in the plaint, in prayer clause 9. (1), the plaintiff has prayed for a decree of possession from defendants.